Terms of Use

Acceptance of Terms.

The following terms and conditions govern all use of the Navigating Cancer.com website (the Site) and the services available at the Site (taken together, the Service). The Service is owned and operated by Navigating Cancer, Inc. (Navigating Cancer). The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by Navigating Cancer (collectively, the Terms of Use).

The Service is available only to individuals who are at least 18 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Service. Navigating Cancer may refuse to offer the Service to any person or entity and may change its eligibility criteria, at any time, in its sole discretion.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, THEN DO NOT ACCESS OR USE THE SERVICE. BY VIEWING OR USING ALL OR ANY PART OF THE SERVICE, DOWNLOADING ANY MATERIALS OR BY COMPLETING THE REGISTRATION PROCESS, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE.

Changes.

Navigating Cancer reserves the right, at its sole discretion, to modify or replace any of these Terms of Use at any time. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Registration.

As a condition to using the Service, you may be required to register with Navigating Cancer and select a password and name (User ID). You shall provide Navigating Cancer with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your account. You must ensure that your account with Navigating Cancer contains (at all times) a valid email address. In addition, you shall not (i) select or use as a User ID a name of another person with the intent to impersonate that person; (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a User ID a name that is otherwise offensive, vulgar or obscene. Navigating Cancer reserves the right to refuse registration of, or cancel a User ID in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password. You shall never use another user’s account without such other user’s express permission. You shall never transfer or assign your account to any third party or provide a third party with your login and password. You will immediately notify Navigating Cancer in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

You shall only have one (1) account with the Service (which, for clarity, means that you will not register (or attempt to register) for more than one (1) account); provided that, within such personal account with the Service you may be able to open sub-accounts for another user when acting as their Caregiver.

Privacy.

Navigating Cancer's current privacy policy is available at http://www.navigatingcancer.com/privacy-policy (the Privacy Statement), which is incorporated into our terms of use by this reference. Navigating Cancer will not edit, delete or disclose your personal information in connection with the Service unless (1) reasonably necessary to perform the Service, (2) authorized by you, (3) otherwise permitted under the Privacy Statement or (4) Navigating Cancer is required to do so by law or regulation, or in the good faith belief that such action is necessary to (i) conform or comply with applicable laws, regulations or legal process, (ii) protect or defend the rights or property of Navigating Cancer or any other user or (iii) enforce the Terms of Use.

This Site Does Not Provide Medical Advice.

All of the material provided on the Site, such as text, treatments, dosages, outcomes, charts, member profiles, graphics, images, advice, messages, forum postings, and any other material provided on the Site are for informational purposes only and are not a substitute for professional medical advice or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding your health and based on your particular circumstances. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site.

If you think you may have a medical emergency, call your physician or 911 immediately. Neither Navigating Cancer nor its affiliates, directors, officers, employees and contractors (collectively, the “Affiliates”) recommends or endorses any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Navigating Cancer or its Affiliates, by persons appearing on the Site at the invitation of Navigating Cancer, or by other members is solely at your own risk.

Rules and Conduct.

The Service (including without limitation, any content, documents or other information made available via the Service) is provided only for your own informational purposes. Any unauthorized use of the Service, including without limitation, any commercial use (such as, for example, resale by you or your representatives to third parties), is expressly prohibited.

As a condition of use, you promise not to use the Service for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Navigating Cancer. You agree to abide by all applicable local, state, national and international laws and regulations.

By way of example, and not as a limitation, you agree not to (a) take any action or (b) upload, post, submit or otherwise distribute or facilitate distribution of any content (including text, communications, software, images, sounds, data or other information) using any communications service or other service available on or through the Service, that:

imposes an unreasonable or disproportionately large load on Navigating Cancer's computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or otherwise;

contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of Navigating Cancer or any third party; or

harvests or collects any information from the Site; or

impersonates any person or entity, including any employee or representative of Navigating Cancer.

Navigating Cancer may, at its sole discretion, immediately terminate your access to the Service should your conduct fail to conform strictly with any provision of this section.

Content.

Navigating Cancer has no obligation to monitor the Service or any use thereof. However, Navigating Cancer reserves the right at all times and without notice to monitor, review, retain or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental (including law enforcement) request.

Third Party Sites.

The Service may permit you to link to other websites on the Internet, and other websites may contain links to the Site. These other websites are not under Navigating Cancer's control, and you acknowledge that Navigating Cancer is not responsible for the accuracy, legality, appropriateness or any other aspect of the content or function of such websites. The inclusion of any such link does not imply endorsement by Navigating Cancer or any association with its operators.

Third Party Content.

The Site makes information of third parties available, including articles, news reports, calculation tools, marketing materials from pharmaceutical manufacturers and company information and data about cancer care, including “patient monographs” and other data specific to the treatment of patients whose identity has not been divulged (the "Third Party Content"). You acknowledge and agree that the Third Party Content is not created or endorsed by Navigating Cancer, nor any business offering products or services through it. The provision of Third Party Content is for general informational purposes only and does not constitute a recommendation or inducement for the referral of patients or the purchase or order of any item or service. In addition, the Third Party Content is not intended to constitute or provide medical advice. You acknowledge that the Third Party Content provided to Navigating Cancer is obtained from sources believed to be reliable and that no guarantees are made by the Site or the providers of the Third Party Content as to its accuracy, completeness, or timeliness. You agree not to hold Navigating Cancer, its Affiliates, the Site, any business offering products or services through the Site or any provider of Third Party Content liable for any medical treatment decision or other transaction you may make based on your reliance on or use of such data, or any liability that may arise due to delays or interruptions in the delivery of the Third Party Content for any reason. You further agree to comply fully with all applicable laws in your dealings with respect to Third Party Content.

Clinic Integration.

If you are using this Service in conjunction with your physician’s practice or clinic, you acknowledge and agree to permit certain information including, but not limited to your medical diagnosis, treatments, medications and schedules, to be integrated with your account on the Service (the “Clinic Content”). The delivery to you of the Clinic Content is intended to provide you with accurate, timely, and relevant information. All Clinic Content is provided to you on an “as is” basis and Navigating Cancer makes no assurance to you that the Clinic Content is accurate and correct. Like the remainder of the information contained on the Site, the Clinic Content is subject to the terms of the Privacy Policy referenced above and available at http://www.navigatingcancer.com/privacy-policy.

THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR USE, AND NO WARRANTY OF NON-INFRINGEMENT. THERE IS NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THIRD PARTY CONTENT AND CLINIC CONTENT.

Third Party Trademarks and Copyrights.

Third Party Content is the property of its respective provider or its licensor and is protected by applicable copyright law as set forth below. You agree not to reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate or commercially exploit the Third Party Content in any manner without the express written consent of the Third Party Content Provider.

Proprietary Rights.

You agree that all content and materials delivered via the Service or otherwise made available by Navigating Cancer at the Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Navigating Cancer in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. However, you may print or download a reasonable number of copies of the materials or content at this Site for your own informational purposes; provided, that you retain all copyright and other proprietary notices contained therein. Systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, database or directory without written permission from Navigating Cancer is prohibited.

Reproducing, copying or distributing any content, materials or design elements on the Site for any other purpose is strictly prohibited without the express prior written permission of Navigating Cancer. Use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited. Any rights not expressly granted herein are reserved.

License to Navigating Cancer.

Navigating Cancer has a separate arrangement with your medical provider in relation to the Clinic Content. The following relates to content other than the Clinic Content, such as the content that you provide directly to the Site.

By uploading, submitting or otherwise disclosing or distributing content of any kind at the Site or otherwise through the Service, you:

grant to Navigating Cancer, its affiliates and their assignees the perpetual, irrevocable, non-exclusive, royalty-free right to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of and otherwise exploit such content in any form and for any purpose, including without limitation, any concepts, ideas or know-how embodied therein;

represent and warrant to Navigating Cancer that you own or otherwise control all rights to such content and that disclosure and use of such content by Navigating Cancer (including without limitation, publishing content at the Site) will not infringe or violate the rights of any third party; and

acknowledge that the content may not be treated confidentially.

Some areas of the Site may allow you to post information and other content relating to your health or otherwise. While some such areas are monitored periodically for topicality, Navigating Cancer has no obligation to prescreen postings and is not responsible for their content. Navigating Cancer encourages you to notify us of inappropriate or illegal content and Navigating Cancer reserves the right to remove postings for any reason.

You agree not to provide Navigating Cancer with any confidential or proprietary information that you desire or are required to keep secret.

THIS SECTION SHALL NOT APPLY TO THE EXTENT IT CONFLICTS WITH THE PRIVACY STATEMENT.

Termination.

If you wish to terminate your account, you may simply discontinue using the Service. Navigating Cancer may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. Without limiting the foregoing, the following may lead to a termination by Navigating Cancer of your membership and use of the Site: (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated membership cancellation), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Navigating Cancer has no obligation to maintain, store, or transfer to you information or data that you have posted on or uploaded to the Site.

No Warranties.

THE SERVICE (AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (COLLECTIVELY, THE CONTENT)) ARE PROVIDED "AS IS" AND "AS AVAILABLE". THE SERVICE AND CONTENT ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. NAVIGATING CANCER, AND ITS AFFILIATES, LICENSORS AND SUPPLIERS DO NOT WARRANT THAT: (A) THE CONTENT IS TIMELY, ACCURATE, COMPLETE, RELIABLE, OR CORRECT; (B) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. THE CONTENT IS MADE AVAILABLE FOR EDUCATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE PROFESSIONAL ADVICE. PROFESSIONAL MEDICAL AND HEALTHCARE CONSULTATION DEPENDS ON THE PRECISE FACTS OF EACH AND EVERY INDIVIDUAL CASE. THE CONTENT IS IN NO WAY A SUBSTITUTE FOR ANY SUCH PROFESSIONAL CONSULTATION. ALWAYS CONSULT YOUR PHYSICIAN OR OTHER RELEVANT AND QUALIFIED HEALTHCARE PROVIDERS FOR DIAGNOSTIC AND TREATMENT PURPOSES. WE DO NOT ENDORSE, OR RECOMMEND, OR IN ANY MANNER ASSUME RESPONSIBILITY FOR, ANY CONTENT. SOME STATES DO NOT ALLOW CERTAIN WARRANTY LIMITATIONS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability.

IN NO EVENT SHALL NAVIGATING CANCER (OR ITS AFFILIATES, LICENSORS, OR SUPPLIERS) BE LIABLE CONCERNING THE SUBJECT MATTER OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE CONTENT OR SERVICES, OR (C) DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF NAVIGATING CANCER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN. SOME STATES DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification.

You agree to defend, indemnify, and hold harmless Navigating Cancer, its affiliates and their employees, contractors, officers, directors and representatives from all liabilities, claims, and expenses, including attorneys' fees, that arise from your use or misuse of the Service or your violation of these Terms of Use or other contract between you and Navigating Cancer. Navigating Cancer reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Navigating Cancer in asserting any available defenses.

International Use.

Navigating Cancer makes no representation that the Content is appropriate or available for use in locations outside the United States, and accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.

Dispute Resolution.

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Navigating Cancer agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Washington, excluding its conflicts of law rules, and the United States of America. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Site or Services shall be filed only in the state or federal courts located in Washington, USA, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this section.

Integration and Severability.

These Terms of Use are the entire agreement between you and Navigating Cancer with respect to the Service and use of this Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Navigating Cancer with respect to this Site (but excluding the use of any software which may be subject to a separate end-user license agreement). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable.

Miscellaneous.

These Terms of Use and the Service contemplated hereunder are personal to you, and are not assignable, transferable or sublicensable by you except with Navigating Cancer's prior written consent. Navigating Cancer may assign, transfer or delegate any of its rights and obligations hereunder without consent. All waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Copyright and Trademark Notices.

"Navigating Cancer" as well as page headers, custom graphics, buttons, images and other content on the Site, are subject to trademark, service mark, trade dress, copyright and or other proprietary or intellectual property rights or licenses held by Navigating Cancer, Inc. or its licensors, supplier or partners. Other trademarks, product names and company names or logos used on the Site are the property of their respective owners. Except as expressly authorized, the use or misuse of any trademarks, trade names, logos, images, graphics or content from the Site is strictly prohibited.